Shields v. Shearer and Another [1914] UKHL 403 (03 April 1914)

Shields v. Shearer and Another [1914] UKHL 403 (03 April 1914)

In an action for wrongful arrest under the Glasgow Police Act 1866, it is sufficient for the pursuer to allege and prove that the arrest was wrongful and illegal, i.e., without reasonable grounds of suspicion; there is no requirement to prove malice in fact, as malice in law is implied from the wrongful act. The issue as framed, following the statute, is proper and fair to both parties.

Citation
[1914] UKHL 403
Parties
Pursuer/respondent: Shields; Defenders/appellants: Shearer and Another
Jurisdiction
United Kingdom
Judgment Date
03 April 1914
Procedural Posture
Civil Appeal / Appeal to House of Lords From Court of Session
Outcome
appeal dismissed with costs/expenses
Legal Topics
False Imprisonment, Wrongful Arrest, Malice, Burden of Proof, Statutory Interpretation
Tort Criminal Procedure Police Law False Imprisonment Wrongful Arrest Malice Burden of Proof Statutory Interpretation

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Parties

Shields

Pursuer/respondent

Shearer and Another

Defenders/appellants

Procedural Posture

Civil Appeal / Appeal to House of Lords From Court of Session

Legal Issues

  1. 1 Whether, in an action for wrongful arrest under the Glasgow Police Act 1866, the pursuer must prove malice in fact or whether malice in law suffices.
  2. 2 Whether the issue as framed, following the statute, is sufficient or should require proof of malice.

Ratio Decidendi

In an action for wrongful arrest under the Glasgow Police Act 1866, it is sufficient for the pursuer to allege and prove that the arrest was wrongful and illegal, i.e., without reasonable grounds of suspicion; there is no requirement to prove malice in fact, as malice in law is implied from the wrongful act. The issue as framed, following the statute, is proper and fair to both parties.

Court Disposition

appeal dismissed with costs/expenses

Orders

  • Appeal dismissed
  • Appellants to pay expenses